Under current laws businesses cannot be held accountable for ensuring the safety of their patrons and preventing violent outbreaks in or around their premises.
However, Attorney-General Graham Leung says that section 72 of the existing law requires the licensee of nightclubs not to permit drunkenness or riotous behaviour on their premises.
“The Liquor (Amendment) Act 2023 amended the permitted hours for the sale/supply of liquor however existing provisions in the Act …. provide avenues for prevention of potential acts of violence,” Mr Leung explained.
“Under the Liquor Act, a licensee of a bar or nightclub must not sell or supply liquor to anyone who has already bought a reasonable amount of liquor which they have yet to consume. A licensee who fails to observe this law commits an offence, and liable to a fine of up to $500. It is also an offence for a licensee to supply liquor to someone who is drunk or intoxicated.
“The law also makes it an offence to attempt to buy or procure liquor on behalf of someone who is drunk. There is clearly a need for more effective enforcement of laws that are already in place. The basic legal framework for dealing with alcohol abuse in nightclubs is in place.”
The Attorney-General said the present fine is probably on low side and “it maybe for cabinet to consider raising as a deterrent to those licensees who tolerate drunken behaviour on their premises.”
“Without in any way prejudging what happened over the weekend, government may also need to review the security industry as whole and putting in place some basic rules or standards governing the work of those that work within it,” Mr Leung explained,
The Attorney-General will soon meet the members of the Central Liquor Board whose function under law includes advice on any policy matters related to liquor laws.
“They have their ears to the ground so to speak and might be expected to have considered views on how our existing laws can be strengthened.”
